Apex Court Grants Interim Protection From Any Coercive Steps Against ABP Journalist Who Interviewed Lawrence Bishnoi In Jail

The Supreme Court, while issuing notice in the petitions, has directed Punjab Police not to take any coercive steps against the ABP News Channel Journalist who has taken the interview of the Gangster Lawrence Bishnoi in the jail of Rajasthan and Punjab.

Two petitions were filed by the ABP News, one seeking the quashing of an FIR in the matter related to the interview of Bishnoi and the other challenging the Order passed by the Punjab and Haryana High Court forming a three-member Special Investigation Team (SIT) headed by Prabodh Kumar IPS, Special DGP, Punjab State Human Rights Commission, to investigate the TV interview of Lawrence Bishnoi and to identify the officials involved.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra ordered, "We will issue notice. Serve the Standing Counsels and the Union...The Second Petitioner shall cooperate in the investigation, by the SIT constituted by the High Court, we direct that pending further orders from this Court, no coercive steps shall be taken against him."

Senior Advocate Mukul Rohatgi submitted that the High Court had remarked against the Interviewer that he had facilitated the 'expert in crime'. "I have told this man in the interview to give up the world of crimes, come back to the mainstream, he(Bishnoi) says my goal in life is to kill Salman Khan", he said.

CJI said, "The Interview was in Punjabi or Hindi Or English." Rohatgi replied that the interview was in Hindi and happened twice, once in Punjab Jail and the other one in Rajasthan.

Rohatgi also submitted that Bishnoi in these interviews was explaining how these crimes were organised and how there was a video conferencing from the jail. He also argued that the interview helped to 'expose the rot' and that the Journalist was carrying out a sting operation which is part of investigative journalism to show how Bishnoi was in touch with the gangster Goldy Brar in Canada.

CJI said, "So the High Court was not concerned with your case per se?"

Rohatgi replied, "The High Court was generally in the PIL examining as to how these people get benefits in jail and these facilities. Somebody pointed out that this interview happened, so then the High Court started looking. Now High Court has killed the messenger...I am not worried about the SIT, they have said that the person who facilitated the interview, register an FIR against him without hearing the channel, without hearing the person. This is the case of investigated journalism..."

CJI said, "We will see the transcript of the interview, but the fact remains that somebody who is in jail, can you publish the interview from the jail, by whose permission you have done that? However, laudable it may be. Can you televise the interview without the permission of the Jail Superintendent under whose custody he is in? The High Court says that look this perse violates the Jail Regulations, can we say that the High Court is wrong?... We see your broader point...But there are restrictions by virtue of incarceration...Can you permit a television channel to do that? I will interview whoever I want in jail, and publish an interview! "

Rohatgi then replied, "If you are going to kill the messenger, who will expose the rot?... I am now part of the chargesheet."

Rohatgi requested the Court to allow the CBI to investigate the matter and not Punjab Police. He also submitted that the channel is now getting threats. "The High Court has said that the Punjab Police is the best police in the world, so now they have foreclosed the matter of sending it to the CBI. It also recorded that maybe you are guilty because you facilitated the crime", he submitted.

Justice Pardiwala asked Rohatgi, "How many FIRs have been registered against you?"

Rohatgi replied, "I have not been named in the FIR, the High Court has asked to register FIR against me...Because of two interviews."

Justice Pardiwala then asked, "What did the Punjab Government do with the Jail Superintendent? Has any action been taken?"

Rohatgi said, "Nothing has been done till now."

The Punjab and Haryana High Court had taken a suo moto notice with regard to the usage of mobile phones within the jail premises by the inmates and as to what steps are in place to curb the entry of such prohibited items. While hearing the matter, it had also come to their notice that Lawrence Bishnoi, who was a suspect in the murder case of a renowned singer Shubhdeep Singh Sidhu Moosewala, had been interviewed by ABP News and the interviews had been telecasted in March, 2023. Lawrence Bishnoi was stated to be in the custody of the Punjab police or judicial custody in the State of Punjab at that time. They were informed that the interviewee was in Bathinda jail when the interview was telecast but the place and time the interview was conducted was not known.

The High Court had observed, "The interviewee is justifying target killings and his criminal activities. He has reiterated and justified threat to a film actor. As in a large number of cases wherein he is involved, trials are underway and attempt to projecting his persona as larger than life could influence the witnesses. These interviews are stated to have garnered over 12 million views. It would have an adverse impact upon youngsters with impressionable minds. Punjab is a border State and any deterioration in law and order or increase in crime could affect the national security as at times, anti-national elements take advantage of the situation and often use criminals for their nefarious designs. They often get help from across the border. There is a thin line between extortion, target killings and anti–national activities. The conduct of the interviews is an apparent jail security breach and violation of the Prisons Act. The interviews have been telecast for the last 9 months and are available on public domain."

The High Court had directed the DGP, Punjab, to immediately register two FIRs with regard to the conduct of two interviews as recommended by the Special Investigation Team in the police station having State-wide jurisdiction. The investigation of the FIRs was directed to be carried out by the Special Investigation Team headed by Prabodh Kumar, IPS, DGP, Human Rights Commission.

Cause Title: ABP Network and Anr. v. Union of India and Ors. (Diary No. 36514/2024) and (Diary No. 37924-2024)